Violation of Supervised Release or Probation

Federal Courts use both probation and supervised release, but not in the same case. Federal Probation is a period of supervision by a Federal Probation Officer in a case that does not include any period of incarceration. The court may impose special conditions of probation when appropriate. A special condition of probation could be home detention or community confinement (half way house), or such things as full time employment, community service education or vocational efforts. The sentencing judge has wide discretion to set special conditions appropriate to the specific case.

Probation and Supervised Release in Memphis

The significant difference between probation and supervised release is that supervised release is required by the United States Code in any case where incarceration is part of the punishment. There has been no federal parole since the Reagan Administration in the 1980s. So, supervised release serves as the adjustment period between incarceration and being a free person and usually runs somewhere from three to five years.

Both probation and supervised release are periods during which an individual must check in with a Federal Probation Officer on a regular basis. The Federal Probation Officer oversees the person's activities and if all is well, does nothing more. However, if there are problems the Officer may require such things as substance abuse screening or mental health counseling.

Federal Criminal Lawyer in Memphis, TN

When facing a violation warrant you need an experienced, zealous Memphis federal criminal defense attorney. If the Officer feels the person has failed to comply with the terms and conditions of either probation or supervised release, he will file a violation warrant with the court. The defendant then is arrested, has to have a bond set, has to make a bond and has to have the warrant set for a violation hearing before the original sentencing judge. If the judge finds that the person has violated the terms and conditions he may incarcerate the defendant, modify the terms and conditions or extend the period of supervision.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.